California Private Investigator License Defense Attorney

California Bureau of Security and Investigative Services License Defense Lawyer

The California Bureau of Security and Investigative Services, known as the BSIS, Licenses approximately 10,000 Private Investigators in the State of California. Most California Private Investigators have minimal or no contact with the enforcement arm of the California Bureau of Security and Investigative Services. For Private Investigators who become part of the California Bureau of Security and Investigative Services’ disciplinary process, the consequences are profound. The Private Investigator License disciplinary process is complex, procedural and time consuming. Private Investigators facing the California Bureau of Security and Investigative Services disciplinary process should seek legal representation from an experienced California Private Investigator License Defense Attorney.

California Bureau of Security and Investigative Services Investigation Defense Lawyer

The majority of California Bureau of Security and Investigative Services investigations begin with the filing of a consumer Complaint. However, California Bureau of Security and Investigative Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Security and Investigative Services utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Private Investigators. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Bureau of Security and Investigative Services disciplinary process. At the conclusion of a California Bureau of Security and Investigative Services investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Private Investigator facing a California Bureau of Security and Investigative Services investigation, contact a California Private Investigator License Defense Attorney for representation.

California Private Investigator License Accusation Defense Attorney

A formal Accusation served on a California Private Investigator serves as notice to a Private Investigator that the Bureau intends to revoke the Private Investigator License. The Private Investigator, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Private Investigator. A Default will result in the immediate Revocation of the Private Investigator License.

An Accusation is a serious matter that can result in the suspension or revocation of a Private Investigator License in California. In many cases, it is possible for Private Investigators to reach a Stipulated Agreement with the Attorney General’s Office and California Bureau of Security and Investigative Services. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Private Investigators facing a California Bureau of Security and Investigative Services Accusation should contact an experienced California Private Investigator License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Private Investigators include:

California Private Investigator License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Bureau of Security and Investigative Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Security and Investigative Services’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Private Investigator to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Private Investigator can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Private Investigators facing a California Bureau of Security and Investigative Services Administrative Law Hearing need effective representation from a California Private Investigator License Defense Lawyer.

California Private Investigator License and Criminal Convictions

The California Bureau of Security and Investigative Services can discipline Private Investigators for criminal convictions. California Bureau of Security and Investigative Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Private Investigator. Common criminal offenses that can cause Private Investigator License discipline are:

The California Bureau of Security and Investigative Services and other law enforcement agencies also investigate criminal conduct by Private Investigators in the course and scope of their practice. Criminal investigations often involve Private Investigators engaged in Assault, Battery, Burglary, False Imprisonment, Firearms Violations, Kidnapping, Trespass, Stalking and Robbery. In serious criminal cases against Private Investigators pending in Criminal Court, the California Bureau of Security and Investigative Services and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Private Investigator. A California Penal Code § 23 Order seeks to suspend a Private Investigator License in Criminal Court.

Private Investigators facing criminal charges and Private Investigators who are convicted of criminal offenses need an experienced California Private Investigator License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Security and Investigative Services.

California Private Investigator License Statement of Issues Attorney

The California Bureau of Security and Investigative Services thoroughly investigates all applicants for Private Investigator Licenses. The California Bureau of Security and Investigative Services may deny a California Private Investigator License to Private Investigator students and Private Investigators from other states and countries. Most California Private Investigator License denials occur due to criminal convictions, financial problems or misstatements on the Private Investigator License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Private Investigator License should contact a California Private Investigator License Denial Lawyer for representation in a California Bureau of Security and Investigative Services Statement of Issues Hearing.

California Private Investigator Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Private Investigators who have received a Private Investigator License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Private Investigator License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Security and Investigative Services. A successful Private Investigator License Petition for Reinstatement requires representation by an experienced California Private Investigator License Defense Attorney.